Ordinance 3774-20 - Laserfiche WebLink

B. Verification A project proposed as a planned action shall be reviewed for consistency with the comprehensive plan and adopted planned action ordinance and for compliance with applicable development regulations and city ordinances. To determine whether a proposed action qualifies as a planned action, planned action project review shall include: 1. Verification that the project meets the description in,and will implement any applicable conditions or mitigation measures identified in,the designating ordinance or resolution;and 2. Verification that the probable significant adverse environmental impacts of the project have been adequately addressed in the prior environmental impact statement through review of an environmental checklist or modified environmental checklist form provided by the city for this purpose as allowed by WAC 197-11-172 and 197-11-315. C. Mitigation,public notice,and appeals All projects processed as planned actions shall comply with mitigation requirements set forth in applicable development regulations and city ordinances and the adopted planned action ordinance or resolution.Through the local project review process,the city may place conditions on the project in order to mitigate nonsignificant impacts. Public notice and appeal procedures for projects that qualify as planned actions shall follow the requirements for the project permit. If notice is required,the notice shall state that the project has qualified as a planned action. Article VII. Appeals 15.02.600 Appeals. Depending on the type of permit,an appeal may be to the hearing examiner("administrative appeal")or to court ("judicial appeal"). If an administrative appeal is provided, it must be used before going to court.Generally,any administrative appeals must be filed with the city within fourteen days of the notice of decision,and any judicial appeals must be filed with the superior court within twenty-one days. A. Scope of project review and appeals As required by RCW 36.706.030,except for issues of code interpretation, neither the city nor any reviewing body shall reexamine alternatives to or hear appeals on the following items: 1. Type of land use permitted at the site,including uses that may be allowed under certain circumstances, such as planned unit development and conditional and special uses,if the criteria for their approval have been satisfied; 2. Density of residential development in urban growth area;and 3. Availability and adequacy of public facilities identified in the comprehensive plan,if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. B. Time limit for appeal decisions Land use permit decisions and SEPA determinations,including the adequacy of a final EIS,shall be appealable as provided for in this section. For purposes of this section,a final decision means the decision issued after any reconsideration or remand if applicable.The time period for hearing and deciding an administrative appeal to the city shall not exceed ninety(90)days. However,the parties to an appeal may agree to extend this time period.This appeal period is not included in the time limit for issuing a permit(EMC 15.01.080). C. SEPA appeals The city establishes the following administrative appeal procedures under the SEPA ordinance(EMC 19.43), RCW 43.21C.075 and WAC 197-11-680. For purposes of this subsection, "EIS" means a final environmental impact statement,final supplemental environmental impact statement,or a notice of adoption or addendum to a final EIS/SEIS that is prepared and used by the city for making a decision on the proposal.Except as specified in this Ch.15.02 Local Project Review 30 City Council Action(11/04/2020)